Editorial: Sioux Falls should stand firm on gun registry

Every so often, the lawmaking aims of the South Dakota Legislature run counter to policy provisions of Sioux Falls city government, creating a standoff of sorts.

Within the spectrum of interpreting state law, it’s up to city leaders to determine when to stand up for a municipal measure as something worth fighting for.

That appears to be the case with Sioux Falls’ stolen gun registry, which was endangered when legislators in Pierre passed a law in February to reestablish the state’s authority over firearm regulations.

Since 2011, the city of Sioux Falls has required pawn brokers and gun dealers to report serial numbers of firearms they’re considering purchasing so they can be cross-referenced through an online database.

City proposal would continue using gun registry despite new state law

State representative Sue Peterson (R-Sioux Falls) introduced HB 1056 to clarify that local governments can't govern the sale, purchase or licensing of firearms – a move celebrated by supporters of gun deregulation and endorsed by the National Rifle Association, which asked members to contact their representatives to urge support.

Among those less enthused about the bill were law enforcement officials, who view the registry as beneficial in the effort to enforce laws regarding stolen property.

According to the city attorney's office, between 15,000 and 16,000 firearms transactions in Sioux Falls have been run through the online database in the last three years. Of those, 25 guns have been flagged as stolen, 11 of them being handguns.

Sioux Falls police chief Matt Burns insisted the system of reporting potential gun purchases through a third-party vendor is within the city's rights and has prevented local pawn shops and gun dealers from buying stolen weapons.

Those public safety concerns have been outweighed by other priorities in Pierre.

In signing HB 1056 into law, Gov. Kristi Noem sided with advocates of gun deregulation over the concerns of Burns and other law enforcement officials – a notable stance given her proclamations of support for law and order during the 2018 gubernatorial campaign.

The governor also went against the South Dakota Sheriff’s Association and the South Dakota State’s Attorneys Association in signing the state’s new concealed carry law, which eliminates the permit process for wielding a concealed firearm.

Noem also tuned out an overwhelming majority of her constituents, based on a statewide poll in 2018 that found that 87 percent of South Dakota voters – including 92 percent of gun owners – support requiring permits for concealed carry.

The gun registry and concealed carry laws show a willingness by Republican leaders to chip away at the regulation of firearms at a time when gun violence in America is on the rise. HB1056 even mandates that the attorney general go after municipalities it deems in violation of the state’s preemption law.

That would seem to put Sioux Falls in the crosshairs. But this one is worth fighting for.

Mayor Paul TenHaken and his staff have made it clear that city police intend to continue using the online database while “cleaning up” the ordinance to fit the parameters of state law. By striking the phrase “gun dealer” from the books and requiring pawnbrokers to keep a record of all serial numbered items (not specifically firearms), they feel they can still put a dent in the buying and selling of stolen guns.

Assistant city attorney Keith Allenstein made that case Tuesday night to the city council, which set a date of second reading for next week’s meeting.

TenHaken and Burns should be commended for standing their ground on a policy that works to keep guns in the hands of those who are legally entitled to have them. Does it put a huge dent in gun-related crimes in Sioux Falls? Maybe not. But efforts to erase laws that address the flow of illegal firearms should be scrutinized within the context of U.S. crime statistics and public opinion.

Brandon Maddox, the owner of Dakota Silencer who has challenged the city ordinance, had this to say about a recent gun show: “We have this fear that the city is going to roll in and start arresting people.”

That didn’t happen, of course, and such rhetoric smacks of Second Amendment paranoia in the vein of, “They’re coming to take our guns.” Making that leap from the flagging of stolen property by law enforcement is an irresponsible one that helps fuel the deregulation fervor in Pierre.

Sioux Falls has pushed back before when an ultra-conservative GOP agenda clashed with the best interests of the city and state. That time has come again.